Congressional Record, Volume 154 Issue 20 (Thursday, February 7, 2008)

[Congressional Record Volume 154, Number 20 (Thursday, February 7, 2008)]
[Senate]
[Pages S785-S794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. MIKULSKI (for herself and Mr. CARDIN):
S. 2604. A bill to establish the Baltimore National Heritage Area in
the State of Maryland, and for other purposes, to the Committee on
Energy and Natural Resources.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record as follows:

S. 2604

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Baltimore National Heritage
Area Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The City of Baltimore contains 24 National Historic
Landmarks, 53,000 buildings listed in 52 National Register
Historic Districts, 8,000 buildings in 30 local historic
districts, and 12 Chesapeake Bay Gateways, nestled in an
unparalleled system of parks and waterways, and connected by
5 Maryland Scenic Byways and an All-American Road.
(2) The Battle of Baltimore represented the definitive end
of the American Revolution, secured United States
sovereignty, and gave the country 2 enduring symbols: the
United States flag and the poem by Francis Scott Key that
became our national anthem, ``The Star-Spangled Banner''.
(3) The proposed Baltimore National Heritage Area will tell
2 of the most significant national heritage stories at the
locus of black history and the transformative effects of
education, which are the following:
(A) Frederick Douglass, who while as a slave learned to
read in Baltimore and credited his time in the city as the
foundation for his accomplishments; and
(B) Thurgood Marshall, whose public school education in
Baltimore led directly to his unparalleled contributions to
civil rights as an attorney in Baltimore and as a United
States Supreme Court Justice.
(4) Between the early 1800s and the mid 1900s, about
2,000,000 immigrants landed in Baltimore, second only to New
York, as a major port of entry into the United States.
(5) In 1811, the Nation's first federally funded interstate
transportation route, the National Road, begun its journey
from Baltimore to the west.
(6) Baltimore is the farthest inland east coast port,
closest to the Nation's interior. The Chesapeake Bay, the
continent's largest estuary, is a magnificent, fertile,
natural resource. This special mix gave rise to the largest
city in the 6 States of the Chesapeake region, with a
cultural landscape unique among world port cities.
(7) Although Baltimore is a largely urban environment, a
number of important natural and recreational resources can be
found within the proposed National Heritage Area boundaries.
Beginning with the first city park in 1827, Patterson Park,
the city's natural and recreational resources enjoy a
noteworthy history. Most remarkable is the city's
acquisition, beginning in 1860, of 7 large estates that
created the base for the current park system, including
Leakin Park that is one of the largest urban wilderness parks
remaining on the East Coast.
(8) The Baltimore City Heritage Area is a State heritage
area designated by the State of Maryland in 2001.
(9) The ``Feasibility Study for a Baltimore National
Heritage Area'', dated December 2006, found that the proposed
area met the National Park Service's interim criteria for
national heritage area designation.

SEC. 3. DEFINITIONS.

In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Baltimore National Heritage Area, established in section 4.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 4(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area specified in
section 6.
(4) Map.--The term ``map'' means the map titled ``Baltimore
National Heritage Area'', numbered T10/80,000, and dated
October 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Maryland.

SEC. 4. BALTIMORE NATIONAL HERITAGE AREA.

(a) Establishment.--There is established the Baltimore
National Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall be comprised of
the following, as depicted on the map:
(1) The area encompassing the Baltimore City Heritage Area
certified by the Maryland Heritage Areas Authority in October
2001 as part of the Baltimore City Heritage Area Management
Action Plan.
(2) The Mount Auburn Cemetery.
(3) The Cylburn Arboretum.
(4) The Middle Branch of the Patapsco River and surrounding
shoreline, including--
(A) the Cruise Maryland Terminal;
(B) new marina construction;
(C) the National Aquarium Aquatic Life Center;
(D) the Westport Redevelopment;
(E) the Gwynns Falls Trail;
(F) the Baltimore Rowing Club; and
(G) the Masonville Cove Environmental Center.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior, and
the Baltimore Heritage Area Association.
(d) Local Coordinating Entity.--The Baltimore Heritage Area
Association shall be the local coordinating entity for the
Heritage Area.

SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING
ENTITY.

(a) Duties of the Local Coordinating Entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 6;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
natural, historical, scenic, and cultural resources of the
Heritage Area;
(E) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with heritage area
themes;
(F) ensuring that signs identifying points of public access
and sites of interest are posted throughout the Heritage
Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the local coordinating entity receives Federal
funds under this Act, setting forth its accomplishments,
expenses, and income, amounts and sources of matching funds,
amounts leveraged with Federal funds and sources of such
leveraging, and grants made to any other entities during the
year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such
funds; and
(7) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(b) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan
for the Heritage Area, use Federal funds made available
through this Act to--
(1) make grants to the State, its political subdivisions,
nonprofit organizations, and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State, its subdivisions,
nonprofit organizations, Federal agencies, and other
interested parties;
(3) hire and compensate staff;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on the Acquisition of Real Property.--The
local coordinating entity may not use Federal funds received
under this Act to acquire real property.

SEC. 6. MANAGEMENT PLAN.

(a) In General.--The management plan for the Heritage Area
shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling

[[Page S786]]

the story of the region's heritage and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(4) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(6) recommend policies and strategies for resource
management including, the development of intergovernmental
and interagency agreements to protect the Heritage Area's
natural, historical, cultural, educational, scenic, and
recreational resources;
(7) describe a program of implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any government,
organization, business, or individual;
(8) include an analysis and recommendations for ways in
which local, State, Tribal, and Federal programs may best be
coordinated, including the role of the National Park Service
and other Federal agencies associated with the Heritage Area,
to further the purposes of this Act;
(9) include an interpretive plan for the Heritage Area; and
(10) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The local coordinating entity shall submit
the management plan to the Secretary for approval not later
than 3 years after the date on which any funds are made
available for this purpose after designation as a Heritage
Area.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the local coordinating entity shall not qualify
for additional financial assistance under this Act until the
management plan is submitted to and approved by the
Secretary.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
local coordinating entity, provide technical and financial
assistance on a reimbursable or non-reimbursable basis (as
determined by the Secretary) to the Heritage Area to develop
and implement the management plan.
(2) Priority actions.--In assisting the Heritage Area, the
Secretary shall give priority to actions that in general
assist in--
(A) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with the local coordinating
entity and other public or private entities to carry out this
subsection.
(b) Approval of Management Plan.--
(1) Review.--The Secretary shall approve or disapprove the
management plan not later than 180 days after receiving the
management plan.
(2) Consultation.--The Secretary shall consult with the
Governor of any State and Tribal government in which the
Heritage Area is located prior to approving any management
plan.
(3) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the local coordinating entity will be representative of
the diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(B) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement,
including workshops and public meetings, in the preparation
of the management plan;
(C) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, historical, and cultural
resources of the Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal or Tribal lands under
applicable laws or pursuant to land use plans;
(E) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local aspects of the management plan; and
(F) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan.
(4) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise
the local coordinating entity in writing of the reasons and
may make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed
revision not later than 180 days after it is resubmitted.
(5) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and
approved in the same manner as provided for the original
management plan. The local coordinating entity may not use
Federal funds authorized by this Act to implement any
amendments until the Secretary has approved the amendments.
(c) Evaluation.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall conduct an evaluation of
the accomplishments of the Heritage Area and prepare a report
with recommendations for the National Park Service's future
role, if any, with respect to the Heritage Area.
(2) Evaluation components.--An evaluation prepared under
paragraph (1) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Recommendations.--Based upon the evaluation under
paragraph (1), the Secretary shall prepare a report with
recommendations for the National Park Service's future role,
if any, with respect to the Heritage Area. If the report
recommends that Federal funding for the Heritage Area be
reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(B) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(4) Submission to congress.--On completion of a report
under paragraph (3), the Secretary shall submit the report
to--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General.--This Act shall not affect the authority of
any Federal official to provide technical or financial
assistance under any other law.
(b) Consultation and Coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on the Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the local coordinating
entity to the extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.

Nothing in this Act shall be construed to--
(1) abridge the rights of any property owner, public or
private, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) require any property owner to permit public access
(including Federal, Tribal, State, or local government
access) to such property or to modify any provisions of
Federal, Tribal, State, or local law with regard to public
access or use of private lands;
(3) alter any duly adopted land use regulations or approved
land use plan or any other regulatory authority of any
Federal, State, or local agency, or Tribal government or to
convey any land use or other regulatory authority to any
local coordinating entity;
(4) authorize or imply the reservation or appropriation of
water or water rights;
(5) diminish the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area; or

[[Page S787]]

(6) create any liability, or affect any liability under any
other law, of any private property owner with respect to any
persons injured on such private property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated for
the purposes of this Act $10,000,000, of which not more than
$1,000,000 shall be made available for any fiscal year.
(b) Matching Funds.--Federal funding provided under this
Act may not exceed 50 percent of the total cost of any
assistance or grant provided or authorized under this Act.
Recipient matching funds--
(1) must be from non-Federal sources; and
(2) may be made in the form of in-kind contributions of
goods and services fairly valued.

SEC. 11. SUNSET.

The authority of the Secretary to provide financial
assistance under this Act shall terminate 15 years after the
date of enactment of the Act.
______

By Mr. KENNEDY:
S. 2605. A bill to require certain semiautomatic pistols
manufactured, imported, or sold by Federal firearms licensees to be
capable of microstamping ammunition; to the Committee on the Judiciary.
Mr. KENNEDY. Mr. President, today I am introducing the National Crime
Gun Identification Act as an important step to reduce gun violence and
support law enforcement. The bill requires semiautomatic handguns
manufactured, imported or sold by federal firearms licensees to be
equipped with microstamping technology. Congressman Xavier Becerra is
introducing a companion measure in the House this week.
Nearly 70 percent of homicides in 2006 involved a firearm, and
handguns were the weapons of choice for most offenders. Handguns are
also the weapons most often used in murders of law enforcement
officers. There is an urgent need for effective, high-tech gun-tracing
capabilities such as microstamping, which can provide law enforcement
with a much-needed investigation resource in solving gun crimes.
Microstamping uses lasers to make precise, microscopic engravings on
the firing pin and chamber of a weapon, and this information is
transferred onto the cartridge casing when the weapon is fired. The
information includes the gun's make, model and serial number, and can
yield important evidence to law enforcement officers investigating
crimes. California has already enacted such legislation, and the
technology has the support of many individuals and organizations,
including Boston Mayor Thomas Menino, the Boston Police Department,
Seattle Mayor Gregory Nickles, the U.S. Conference of Mayors, the
Coalition to Stop Gun Violence, and the Brady Campaign to Prevent Gun
Violence. Additionally, the National Black Caucus of State Legislators
passed a resolution supporting the use of microstamping technology.
Microstamping is a significant new technology for ballistics
identification. Congress should obviously support emerging technologies
that enable law enforcement to make more effective use of evidence at
crime scenes. Current ballistic analyses, conducted through the
National Integrated Ballistic Information Network, depend on the
transfer of accidental markings from a gun barrel to bullets and
cartridge cases, which are then compared to a limited database with
evidence from other crime scenes.
The current Ballistic Information Network has already been an
invaluable resource for law enforcement. A remarkable number of crimes
have been solved by using it, and it makes sense to invest in the next
generation of ballistic technology. Microstamping in no way replaces
any of the methods currently used by police to conduct ballistics
tests, but it would clearly enhance the work currently done by law
enforcement agencies.
FBI data indicate that handguns are used in most homicides,
accounting for nearly 7,800 murders in 2006. In Massachusetts, violent
crime rates are on the rise--growing 11 percent in Boston in 2006. In
2005, Boston police made a total of 754 gun arrests and 797 illegal
firearm seizures. Nevertheless, from 1997 to 2005, shooting incidents
have jumped a drastic 153 percent. We can help law enforcement solve
more handgun crimes and reduce gun trafficking through the use of
microstamping technology.
Bullet casings are often the only evidence left behind at crime
scenes, particularly in gang crimes such as drive-by shootings. In
Boston during 2006, bullet casings were recovered from nearly half of
crime scenes involving shootings. In those cases, investigators could
obviously have benefited from knowing the make, model and serial number
of the guns involved in those crimes. Microstamp information can also
be used to identify straw buyers and gun traffickers who supply the
illegal flow of weapons to violent teens, gang members and other
prohibited purchasers.
Critics of microstamping technology claim that perpetrators engaged
in crime will be able to subvert the technology by filing the
microstamped information off the weapons. In fact, however,
microstamping is virtually tamperproof. The microstamped information is
invisible to the naked eye, and most criminals would be unable to
detect it. The microstamp is placed on the firing pin and in the
chamber of the gun, so even if a perpetrator replaced the firing pin,
the information would still be transferred to the casing from the
chamber.
Others argue that criminals will plant cartridges at crime scenes to
disrupt investigations. Realistically, however, we know that offenders
rarely take even the simplest precautions, such as wearing gloves
during a burglary, when engaging in criminal behavior.
Opponents also contend that microstamping will result in the creation
of a new national database of gun owners. In fact, it will not result
in any new database, because it will use information already available
to law enforcement officers investigating gun crimes. In addition,
microstamped information on bullet casings can be viewed with imaging
equipment generally found at Federal, State and local forensics
laboratories, making it unnecessary to create and maintain special
equipment or facilities.
Finally, critics claim that the cost of adding microstamping
technology is prohibitive. In fact, the technology will be available to
manufacturers through a free licensing agreement from its inventor.
Based on independent estimates, adding the technology to new
semiautomatic handguns will cost only 50 cents to a dollar for each
firearm produced by large volume manufacturers.
Handgun owners and prospective handgun purchasers will not be
burdened by this legislation. There will be no changes in the
procedures or requirements for purchasing handguns. Existing handguns
and handgun owners will not be affected by this legislation since it
applies only to new handguns.
The technology has been thoroughly tested. Independent examiners have
fired thousands of rounds from guns with microstamping, and have
consistently obtained readable marks on the casings.
Microstamping technology is urgently needed by law enforcement and
can make a major difference in solving gun crimes. It is cost effective
and will not impinge on the rights of any gun owners. I urge my
colleagues to support law enforcement and reduce gun crimes by enacting
this important legislation.
______

By Mr. DODD (for himself, Ms. Collins, Mr. Biden, and Mr.
McCain):
S. 2606. A bill to reauthorize the United States Fire Administration,
and for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
Mr. DODD. Mr. President, I rise with my colleague, Senator Collins,
along with Senators Biden and McCain, to introduce legislation that
reauthorizes the U.S. Fire Administration, USFA.
Established in 1974, the USFA provides critical support to 30,300
fire departments across our Nation through training, emergency incident
data collection, fire awareness and prevention education, and research
and development activities. Each year, the USFA trains approximately
one million fire and emergency personnel both at the USFA campus in
Emmitsburg, Maryland, and through distance learning programs. The USFA
also offers vital assistance to Federal Emergency Management Agency and
Department of Homeland Security in the development of Federal
preparedness and response policies.
The legislation I am introducing today with my colleagues seeks to
provide the USFA with proper resources so

[[Page S788]]

the agency may effectively meet the growing responsibilities of the
fire service in the 21st century. It contains the following provisions.
The USFA Reauthorization Act of 2008 provides $70 million in fiscal
year 2009 with 1.3 percent annual increases through fiscal year 2012.
The bill expands National Fire Academy training curricula to include
issues relevant to urban-wildland interface fires, fires involving
hazardous materials, and fire-based emergency medical services. The
bill also encourages the expansion of onsite fire training, authorizes
up to $5,000,000 annually for necessary technology upgrades to the
National Fire Incident Reporting System, authorizes the USFA to expand
research activities in relevant topics to urban-wildland interface
fires, encourages the USFA to adopt national voluntary consensus
standards relevant to firefighter health and safety, and requires the
USFA to provide greater coordination with other Federal, State and
local agencies on fire prevention and fire-based emergency medical
services programs. Finally, the legislation establishes a rotating
position at the DHS National Operations Center for State or local fire
service officials. This new position will bring the expertise of the
fire service to the incident management and information sharing
activities of the Center.
I am pleased to say this bipartisan legislation is supported by the
Congressional Fire Services Institute, the International Association of
Fire Fighters, the International Association of Fire Chiefs, and the
National Volunteer Fire Council.
The U.S. Fire Administration performs a critical array of duties that
ensure the safety of Americans each day. It is important that we
continue to pledge our support to the agency and our Nation's brave
firefighters. I look forward to working with my colleagues on this
important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2606

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``United States Fire
Administration Reauthorization Act of 2008''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The number of lives lost each year because of fire has
dropped significantly over the last 25 years in the United
States. However, the United States still has one of the
highest fire death rates in the industrialized world. In
2005, the National Fire Protection Association reported 3,675
civilian fire deaths, 17,925 civilian fire injuries, and
$10,672,000,000 in direct losses due to fire.
(2) Every year, more than 100 firefighters die in the line
of duty. The United States Fire Administration should
continue its leadership to help local fire agencies
dramatically reduce these fatalities.
(3) Members of the fire service community should continue
to work together to further the promotion of national
voluntary consensus standards that increase firefighter
safety.
(4) The United States Fire Administration provides crucial
support to the 30,300 fire departments of the United States
through training, emergency incident data collection, fire
awareness and education, and support of research and
development activities for fire prevention, control, and
suppression technologies.
(5) The collection of data on fire and other emergency
incidents is a vital tool both for policy makers and
emergency responders to identify and develop responses to
emerging hazards. Improving the data collection capabilities
of the United States Fire Administration is essential for
accurately tracking and responding to the magnitude and
nature of the fire problems of the United States.
(6) The research and development performed by the National
Institute of Standards and Technology, the United States Fire
Administration, other government agencies, and non-
governmental organizations on fire technologies, techniques,
and tools advance the capabilities of the fire service of the
United States to suppress and prevent fires.
(7) The United States Fire Administration is one of the
strongest voices representing the fire service of the United
States within the Federal Government, and, as such, it should
have a prominent place within the Department of Homeland
Security.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES
FIRE ADMINISTRATION.

Section 17(g)(1) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding after subparagraph (D) the following:
``(E) $70,000,000 for fiscal year 2009, of which $2,520,000
shall be used to carry out section 8;
``(F) $72,100,000 for fiscal year 2010, of which $2,595,600
shall be used to carry out section 8;
``(G) $74,263,000 for fiscal year 2011, of which $2,673,468
shall be used to carry out section 8; and
``(H) $76,490,890 for fiscal year 2012, of which $2,753,672
shall be used to carry out section 8.''.

SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS
AND REPORTS.

(a) Amendments to Fire Academy Training.--Section 7(d)(1)
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2206(d)(1)) is amended--
(1) in subparagraph (H), by striking ``terrorist-caused
national catastrophes'' and inserting ``all hazards,
including acts of terrorism'';
(2) in subparagraph (K), by striking ``forest'' and
inserting ``wildland'';
(3) in subparagraph (M), by striking ``response tactics
and'' and inserting ``response, tactics, and'';
(4) by redesignating subparagraphs (I) through (N) as
subparagraphs (M) through (R), respectively; and
(5) by inserting after subparagraph (H) the following:
``(I) response, tactics, and strategies for fighting large-
scale fires or multiple fires in a general area that cross
jurisdictional boundaries;
``(J) response, tactics, and strategies for fighting fires
occurring at the wildland-urban interface;
``(K) response, tactics, and strategies for fighting fires
involving hazardous materials;
``(L) advanced emergency medical services training;''.
(b) Triennial Reports.--Section 7 of such Act (15 U.S.C.
2206) is amended by adding at the end the following:
``(m) Triennial Report.--In the first annual report filed
pursuant to section 16 for which the deadline for filing is
after the expiration of the 18-month period that begins on
the date of the enactment of the United States Fire
Administration Reauthorization Act of 2008, and in every
third annual report thereafter, the Administrator shall
include information about changes made to the National Fire
Academy curriculum, including--
``(1) the basis for such changes, including a review of the
incorporation of lessons learned by emergency response
personnel after significant emergency events and emergency
preparedness exercises performed under the National Exercise
Program; and
``(2) the desired training outcome of all such changes.''.
(c) Authorizing the Administrator to Enter Into Contracts
to Provide On-Site Training Through Certain Accredited
Organizations.--Section 7(f) of such Act (15 U.S.C. 2206) is
amended to read as follows:
``(f) Assistance.--
``(1) In general.--The Administrator may provide assistance
to State and local fire service training programs through
grants, contracts, or otherwise.
``(2) Authorization to enter into contracts to provide on-
site training through certain accredited organizations.--
``(A) In general.--Except as provided in subparagraph (B),
the Administrator may enter into a contract with nationally
recognized organizations that have established on-site
training programs that comply with national voluntary
consensus standards for fire service personnel to facilitate
the delivery of the education and training programs outlined
in subsection (d)(1) directly to fire service personnel.
``(B) Limitation.--The Administrator may not enter into a
contract with an organization described in subparagraph (A)
unless such organization--
``(i) operates a fire service training program accredited
by a nationally recognized accreditation organization
experienced with accrediting such training; or
``(ii) at the time the Administrator enters into the
contract, provides training under such a program under a
cooperative agreement with a Federal agency.
``(3) Restriction on use of funds.--The amounts expended by
the Administrator to carry out this subsection in any fiscal
year shall not exceed 8 per centum of the amount authorized
to be appropriated in such fiscal year pursuant to section 17
of this Act.''.

SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.

(a) Incident Reporting System Database.--Section 9 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2208) is amended by adding at the end the following:
``(d) National Fire Incident Reporting System Update.--Of
the amounts made available pursuant to subparagraphs (E),
(F), and (G) of section 17(g)(1), the Administrator shall use
not more than an aggregate amount of $5,000,000 during the 3-
year period consisting of fiscal years 2009, 2010, and 2011
to carry out activities necessary to update the National Fire
Incident Reporting system to an Internet-based, real-time
incident reporting database, including capital investment,
contractor engagement, and user education.''.

[[Page S789]]

(b) Technical Correction.--Section 9(b)(2) of such Act (15
U.S.C. 2208(b)(2)) is amended by striking ``assist State,''
and inserting ``assist Federal, State,''.

SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND RESEARCH
DISSEMINATION.

(a) Assistance to Fire Services for Fire Prevention and
Control in Wildland-Urban Interface.--Section 8(d) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2207(d)) is amended to read as follows:
``(d) Rural and Wildland-Urban Interface Assistance.--The
Administrator may, in coordination with the Secretary of
Agriculture, assist the fire services of the United States,
directly or through contracts, grants, or other forms of
assistance, to sponsor and encourage research into
approaches, techniques, systems, equipment, and land-use
policies to improve fire prevention and control in--
``(1) the rural and remote areas of the United States; and
``(2) the wildland-urban interface.''.
(b) Technology Research Dissemination.--Section 8 of such
Act (15 U.S.C. 2207) is amended by adding at the end the
following:
``(h) Research Dissemination.--Beginning 1 year after the
date of the enactment of the United States Fire
Administration Reauthorization Act of 2008, the
Administrator, in collaboration with the relevant departments
and agencies of the Federal Government, shall make available
to the public information about all ongoing and planned fire-
related research funded by the Administration during fiscal
year 2008 and each fiscal year thereafter, as well as the
results generated from such research, through a regularly
updated Internet-based database.''.

SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER
HEALTH AND SAFETY.

The Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) is amended by adding at the end the
following:

``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER
HEALTH AND SAFETY.

``The Administrator shall promote adoption by fire services
of national voluntary consensus standards for firefighter
health and safety, including such standards for firefighter
operations, training, staffing, and fitness, by--
``(1) educating fire services about such standards;
``(2) encouraging the adoption at all levels of government
of such standards; and
``(3) making recommendations on other ways in which the
Federal government can promote the adoption of such standards
by fire services.''.

SEC. 8. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT
NATIONAL OPERATIONS CENTER.

The Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) is amended by inserting after section 22
the following:

``SEC. 23. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT
NATIONAL OPERATIONS CENTER.

``(a) Establishment of Position.--The Secretary of Homeland
Security shall, in consultation with the Administrator,
establish a fire service position at the National Operations
Center established under section 515 of the Homeland Security
Act of 2002 (6 U.S.C. 321d) (also known as the `Homeland
Security Operations Center') to represent the interests of
State and local fire services.
``(b) Designation of Position.--The Secretary of Homeland
Security shall designate, on a rotating basis, a State or
local fire service official for the position described in
subsection (a)
``(c) Management.--The Secretary of Homeland Security shall
manage the position established pursuant to subsection (a) in
accordance with such rules and regulations as govern other
similar rotating positions at the National Operations
Center.''.

SEC. 9. COORDINATION REGARDING FIRE SERVICE-BASED EMERGENCY
MEDICAL SERVICES.

Section 21(e) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2218(e)) is amended to read as
follows:
``(e) Coordination.--
``(1) In general.--To the extent practicable, the
Administrator shall use existing programs, data, information,
and facilities already available in other Federal Government
departments and agencies and, where appropriate, existing
research organizations, centers, and universities.
``(2) Coordination of fire prevention and control
programs.--The Administrator shall provide liaison at an
appropriate organizational level to assure coordination of
the activities of the Administrator with State and local
government agencies, departments, bureaus, or offices
concerned with any matter related to programs of fire
prevention and control with private and other Federal
organizations and offices so concerned.
``(3) Coordination of fire service-based emergency medical
services programs.--The Administrator shall provide liaison
at an appropriate organizational level to assure coordination
of the activities of the Administrator with State and local
government agencies, departments, bureaus, or offices
concerned with programs related to emergency medical services
provided by fire service-based systems with private and other
Federal organizations and offices so concerned.''.

SEC. 10. DEFINITIONS.

Section 4 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2203) is amended--
(1) in paragraph (3), by striking ``Administration'' and
inserting ``Administration, who is the Assistant
Administrator of the Federal Emergency Management Agency'';
(2) in paragraph (7), by striking the ``and'' after the
semicolon;
(3) in paragraph (8), by striking the period at the end and
inserting ``; and'';
(4) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively;
(5) by inserting after paragraph (5) the following:
``(6) `hazardous material' has the meaning given such term
in section 5102 of title 49, United States Code;''; and
(6) by adding at the end the following:
``(10) `wildland-urban interface' has the meaning given
such term in section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511).''.
Ms. COLLINS. Mr. President. I am pleased to join Senator Dodd in
introducing legislation to reauthorize the U.S. Fire Administration.
The bill would provide additional resources to help the agency meet its
growing responsibilities. We are pleased to be joined by our fellow
cochairs of the Congressional Fire Services Caucus--Senators McCain and
Biden.
Since its creation in 1974, the Fire Administration and its Fire
Academy have helped prevent fires, protect property, and save lives
among firefighters and the public. Today, the Fire Administration is
also integrated into our national, all-hazards preparations against
natural disasters and terrorist attacks.
Last month marked the fifth anniversary of the Fire Administration's
reorganization as part of the Federal Emergency Management Agency
within the Department of Homeland Security. As both Ranking Member of
the Senate Committee on Homeland Security and as a cochair of the
Congressional Fire Services Caucus, I am pleased that the bill being
introduced today does much more than reauthorize the Fire
Administration.
For example, the bill designates $5 million annually to support
necessary technology upgrades to the National Fire Incident Reporting
System. This important system helps State and local governments report
and analyze fires, and allows nationwide sharing of data in standard
formats. This database--the world's largest collection of fire-incident
information--helps all levels of government to probe the nature and
causes of injuries, deaths, and property loss resulting from fires.

Another vital component of this bill establishes a rotating position
at the DHS National Operations Center to be filled by a State or local
fire-service official. In our comprehensive, all-hazards approach to
major disasters, it is just as important to have the fire services
represented at operations center as it is military liaisons.
The bill has other important provisions, including provision for a
1.3 percent annual increase in the initial $70 million authorization
through fiscal year 2012. In addition, the bill expands National Fire
Academy training programs to include topics like hazardous-material
fires and fire-based emergency medical services. It authorizes expanded
research on fires in the urban-wildland interface and in rural areas.
It encourages the Fire Administration to adopt national voluntary
standards on firefighter health and safety--an important topic,
considering that about 100 brave firefighters lose their lives in the
line of duty each year, with many more suffering serious injuries.
My home state of Maine is keenly aware of the dangers of fire and the
importance of effective fire services. Maine is one of the most rural
states in the nation and most of its housing stock is wood framed. Some
households rely on woodstoves for primary or supplemental heat.
According to the Maine Department of Public Safety, nearly 50 Mainers
died in fires every year through the 1950s, '60s, and '70s. The average
so far for this decade is 18, and 2007 produced only 12 fire-related
deaths, still too many but a considerable improvement.
Maine public-safety officials attribute the decline to factors like
wider use of smoke detectors and improved building codes--and fire-
prevention efforts. As our national resource and clearing house for
fire research, education, and training, the U.S. Fire Administration
certainly deserves a share of the credit for my state's progress in
reducing the pain, devastation, and death wrought by fires.

[[Page S790]]

I have no doubt the Fire Administration's beneficial effects will
grow. Its new campaign for preventing smoking-related home fires is a
worthy effort. Its growing curriculum of online courses on topics like
incident command for nursing-home fires, emergency medical service at
multi-casualty incidents, and emergency response to terrorism is a
valuable resource for firefighters.
The U.S. Fire Administration is a fine example of the good that can
come of federal, state, and local collaboration to counter an ancient
threat and to address new ones. I urge my colleagues to join me in
supporting the reauthorization and improvement of this valuable agency.
______

By Ms. SNOWE:
S. 2607. A bill to make a technical correction to section 3009 of the
Deficit Reduction Act of 2005; to the Committee on Commerce, Science,
and Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce legislation that
would better facilitate the DTV transition for rural Americans by
making funds for digital upgrades available sooner to low-power
television stations and translators. The reason this is imperative is
that we don't want to create another ``digital divide'' where rural and
low-income areas are not able to reap the benefits of digital TV as
quickly as their urban counterparts.
Under the current statute, the Assistant Secretary for Communications
and Information at the Department of Commerce must make payments for
the low-power TV and translator upgrade program during fiscal year
2009--October 1, 2008 to September 30, 2009--but may not actually
disburse reimbursement payments until after October 1, 2010, which is
20 months past the DTV transition deadline of February 2009.
By having such a long delay for reimbursements, it will inevitably
hold up the analog to digital upgrades of low-power TV stations and
translators. This would adversely affect viewers since they will not be
able to receive the benefits that digital signals offer and hence
create this additional ``digital divide'' to these mostly rural and
low-income areas where low-power TV and translators typically are
situated.
This bill would correct this oversight and change the language to
have the Assistant Secretary make payments during the fiscal years 2009
to 2012, and start providing reimbursements for the upgrade program on
February 18, 2009, and in doing so will move up the date 20 months to
bring the upgrade program more in line with the main deadline of the
DTV transition. This will allow LPTV and translators to be reimbursed
more quickly for analog to digital equipment upgrades, which can run in
the tens of thousands of dollars.
As we all know, in less than 380 days, on February 17, 2009,
television broadcasts will transition from analog TV signals to an all-
digital system and in doing so begin a new chapter of innovation and
viewing experience. The transition will free up scarce broadcast
spectrum so that first responders and public safety services have much
needed spectrum capacity. It will also provide space for advanced
wireless technologies, which will bring us improved broadband and
communications services. In addition, the new digital TV signals will
provide higher quality video and sound, as well as the opportunity for
broadcasters to offer new services such as interactive TV and
multicasting, which allows the transmission of several program streams
on one broadcast channel.
Consumer awareness of the DTV transition is improving and the
Commerce Department announced earlier this month that it had already
received requests from more than 2 million households for nearly 4
million converter box coupons--so demand is strong. More and more
consumers are realizing the importance and benefits of the DTV
transition. We must not unduly prohibit any American from not reaping
the tremendous advantages of digital TV and other services that will
quickly follow due to the transition. If we don't correct this critical
oversight in the current law, we will do just that, once again
disadvantaging the areas and people that have the most to gain from
this new technology. That is why I sincerely hope that my colleagues
join me in supporting the critical legislation.
Mr. President. I yield the floor.

S. 2607

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. REIMBURSEMENTS FROM THE DIGITAL TELEVISION
TRANSITION AND PUBLIC SAFETY FUND.

Section 3009(a) of the Deficit Reduction Act of 2005
(Public Law 109-171) is amended--
(1) by striking ``fiscal year 2009'' and inserting ``fiscal
years 2009 through 2012; and''
(2) by striking ``no earlier than October 1, 2010'' and
inserting ``on or after February 18, 2009''.
______

By Ms. SNOWE (for herself and Mrs. Dole):
S. 2608. A bill to make improvements to the Small Business Act; to
the Committee on Small Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I rise today, along with Senator Dole, to
introduce the Small Business Women's Procurement Improvement Act, a
measure that would enhance the Small Business Administration's women's
procurement program, which was created back in 2000, to provide
contracting opportunities to women-owned small businesses in Maine and
across the Nation. As Ranking Member of the Senate Committee on Small
Business and Entrepreneurship, one of my top priorities is to champion
our nation's women-owned small businesses and to promote their
interests. In these uncertain economic times it is our financial
strengths that we must rely upon most. Women-owned small businesses are
one such strength. In recent years, the percent growth in the number of
women-owned firms was nearly twice that of all U.S. firms. Thus, we
need to create programs that will continue to grow this vital and
crucial resource.
Regrettably, the Small Business Administration, SBA, has failed to
implement the women's procurement program that was enacted into law
back in 2000. In December, the SBA finally proposed a rule to implement
the program. The SBA had the opportunity to hit a home run, but instead
published a rule that is highly deficient and unlikely to have any
practical effect in helping the Federal Government satisfy its 5
percent women's contracting goal. So far, there has been one law--
enacted back in December 2000--three reports, numerous hearings, and
two proposed rules, and, tragically, it appears that we are no closer
today then we were 7 years ago to helping our nation's small women-
owned businesses stimulate our economy. What an inconceivable missed
opportunity for the SBA to help boost our economy by promoting women-
owned businesses.
The SBA's proposed rule has two fundamental flaws which hinder it
from functioning as Congress originally intended. First, the proposed
rule identifies just four industries, out of more than one hundred, in
which women-owned small businesses are under-represented and eligible
for set-asides. According to the Central Contractor Registration, this
gross disparity means a mere 1,238 businesses across the entire
Nation--or 2 percent of all women-owned small business contractors--
would be subject to the proposed rule. Regrettably, only two of these
contractors are located in my home State of Maine.
Second, for SBA's proposed rule to go into effect, individual Federal
agencies must first publicly admit to a history of gender
discrimination. I find it difficult, if not impossible, to envision a
scenario where a Federal agency would make such an admission.
Furthermore, such an unworkable admission isn't required anywhere in
the Small Business Act.
To help remedy this appalling circumstance, today we introduce
legislation to amend the Small Business Act so that the women-owned
small businesses can finally have a procurement program that makes a
real difference, not a 2 percent difference. For example, our bill
would substantially broaden the range of applicable business industries
for women across this Nation and take down the unnecessary barriers it
has recently proposed. Women-owned small businesses deserve more than 2
percent of available business industries. These four industries will do
little to nothing to help Federal agencies reach its statutory
government-wide goal. Sadly enough, one of the industries the SBA has
selected does not

[[Page S791]]

allow for any private business participation, let alone women business
participation.
Our bill also would preclude the SBA from promulgating a final rule
that requires individual agencies to admit to past discrimination as a
prerequisite for participation in the set-aside program. We find it
difficult to envision a circumstance in which any agency would make
such an admission. Furthermore, this requirement is not mandated
anywhere in the Small Business Act.
Our bill has gained the support of women-owned small businesses
across the Nation including major women's organizations like the U.S.
Women's Chamber of Commerce, Women Impacting Public Policy, the
National Women Business Owners Corporation, the Women Presidents'
Organization, the Women Presidents' Educational Organization, and the
Women's Business Development Center.
It has been nearly 14 years since the women's 5 percent government-
wide contracting goal was established in 1994, but since its enactment,
the women's contracting goal has never been met. Shockingly, at the
historical percentage rate of increase, it would take until 2019 for
this goal to be met--25 years after enactment of the original statutory
requirement.
According to recent figures, women-owned firms in the U.S. generate
$1.1 trillion in annual sales and employ 7.2 million people nationwide.
I take great pride that my own state of Maine is a forerunner for
women-owned businesses with more than 63,000 women-owned firms,
creating 75,000 jobs, and spurring more than $9 billion in sales.
The SBA must develop a functioning procurement program that will
cultivate women business so that they in turn can help grow our
Nation's economy. This is why women businesses need a workable
procurement program that does not create impenetrable barriers and
provide so few business opportunities. Our bill eliminates these
barriers and gives women-owned small business a tool they can use that
will help them continue to grow our suffering economy. If ever there
were a time to secure new avenues to generate revenue and spur the
economy, wouldn't that time be now?
I urge my colleagues in Congress to support this vital legislation,
so that we in Congress can make sure that the SBA publishes a
meaningful final rule that will assist the Federal Government to
satisfy--if not exceed--its government-wide contracting goal, and to
help women-owned small businesses to stimulate our Nation's economy.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2608

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Small Business Women's
Procurement Program Improvement Act''.

SEC. 2. FINDINGS.

Congress finds--
(1) based on evidence presented by Congressional witnesses,
testimony before Congress, and studies and reports, that
women-owned small business concerns are under represented in
certain identified industries with respect to Federal
procurement contracting; and
(2) the women's small business government-wide statutory
goal has never been achieved since the time of its enactment.

SEC. 3. SMALL BUSINESS ACT PROGRAM IMPROVEMENTS.

Section 8(m) of the Small Business Act (15 U.S.C. 637(m))
is amended--
(1) in paragraph (2)(C), by striking ``(3)'' and inserting
``(4)'';
(2) in paragraph (2), by striking subparagraph (D) and
inserting the following:
``(D) the contract is consistent with the requirements set
forth in subsection (a)(1)(D)(i);'';
(3) by striking paragraph (4) and inserting the following:
``(4) Identification of industries.--
``(A) Study required.--The Administrator shall conduct a
study 5 years after the date on which the program under this
section is implemented, to identify industries in which small
business concerns owned and controlled by women are
underrepresented with respect to Federal procurement
contracting.
``(B) Presumption relating to underrepresentation.--For
purposes of this subsection, the industries identified by the
2007 North American Industry Classification System Code as
industry codes 11 through 81 (as published by the Bureau of
the Census) shall be presumed to be industries in which small
business concerns owned and controlled by women are
underrepresented with respect to Federal procurement
contracting.''; and
(4) by adding at the end the following:
``(7) No past finding of discrimination required.--
Notwithstanding any other provision of law, a contracting
officer need not make a finding of past gender discrimination
by a contracting agency in order to comply with or otherwise
be subject to the requirements of this subsection.''.
______

By Mr. FEINGOLD (for himself, Mr. Coleman, Mr. Casey, Mr.
Cochran, Mr. Kerry, Mr. Whitehouse, and Mr. Voinovich):
S. 2609. A bill to establish a Global Service Fellowship Program, and
for other purposes; to the Committee on Foreign Relations.
Mr. FEINGOLD. Mr. President, today I am pleased to reintroduce the
Global Service Fellowship Program Act. This important bipartisan bill
would provide more Americans the opportunity to volunteer overseas and
strengthen our existing Federal international education and exchange
system. The U.S. Government needs to be taking a greater role in
providing opportunities for U.S. citizens to volunteer overseas, and my
bill will enhance U.S. efforts to be a global leader in people-to-
people engagement.
People-to-people engagement is one of the United States' most
effective public diplomacy tools and, today more than ever, we need to
be investing in every opportunity to improve the perception of the U.S.
overseas.
I often hear from constituents about their experiences volunteering
overseas and how those experiences impacted their lives and the lives
of those who they were helping. For example, I received an email from
Eric Englund, from my hometown of Middleton, who wrote, ``[My wife Jane
and I] have been privileged to participate in international
volunteering experiences in 2006 and 2007. In 2006 we spent 4 weeks in
China teaching English to Chinese primary and secondary English
teachers in Xingping, China. * * * In 2007 we spent two weeks in
Tanzania with Habitat for Humanity. . . . We return[ed] from both
experiences humbled in the understanding of how lucky we have been and
hungry to continue to share with others a cultural exchange that is
hopefully symbiotic in helping us grow/learn/appreciate while at the
same time sharing our knowledge, compassion and abilities with
others.'' This email captures the life-changing effects that
international volunteering often has on those who choose to commit
their time and resources to volunteering across the globe.
Unfortunately, not enough of my constituents are able to volunteer
overseas because of financial or time-related barriers. In an effort to
reduce these barriers, I initially introduced, along with my colleague
Senator Coleman, the Global Service Fellowship bill. Today, I am
reintroducing a new and improved version of the bill.
This new bill builds on the original legislation but now ensures
fellowships are not taxed, addresses the importance of geographical
diversity in the selection process, and increases collaborative
opportunities for the U.S. Agency for International Development and the
Department of State in establishing and administering the program.
Additionally, congressional involvement has been changed from the
original bill. The new version calls on participants to engage with
Members of Congress prior to their departure and again upon their
return by providing Members with a brief report of their experiences
and impact abroad. The changes are intended to ensure that fellows are
selected based on the merits while preserving for Members of Congress
the opportunity, if they so wish, to engage directly with constituents
who have volunteered for significant overseas work, whether by a
personal exchange, a public event or correspondence that recognizes the
value of their volunteer efforts.
Studies have shown that in areas where U.S. citizens have volunteered
their time, money, and services, opinions of the U.S. have improved.
Greater investment in volunteer opportunities has significant potential
to improve the image of the U.S. overseas and while we have important
programs already in place--the Peace Corps, programs administered
through the Department of State's Bureau of Education and Cultural
Affairs, and

[[Page S792]]

USAID's Volunteers for Prosperity--we can and should be doing more.
My bill would cost $150 million, which is more than offset by a
provision that would require the IRS to deposit all of its fee receipts
in the Treasury as miscellaneous receipts. CBO has estimated that this
offset will save $559 million over 5 years for net deficit reduction of
just over $400 million.
I am pleased that my colleagues, Senators Coleman, Casey, Cochran,
Kerry, Voinovich, and Whitehouse have joined me in re-introducing this
bill. This program will be a valuable addition to our public diplomacy
and our private humanitarian efforts overseas and I encourage my
colleagues to support the bill.
______

By Mr. DORGAN (for himself, Mr. Brown, and Mr. Casey):
S. 2611. A bill to make bills implementing trade agreements subject
to a point of order unless certain conditions are met, and for other
purposes; to the Committee on Finance.
Mr. DORGAN. Mr. President, today I am introducing a piece of
legislation aimed at changing the course of our international trade
policy.
Part of the problem with our current trade agenda is that there is no
mechanism to gauge whether the trade agreements we enter into are
successful--and there is no mechanism to withdraw from agreements that
have not been successful.
So I am joining with Senators Brown and Casey in introducing the
Trade Agreement Benchmarks and Accountability Act, which aims to fix
that.
This is how the bill would work.
The legislation would create a point of order in the Senate against
any future bill implementing a new trade agreement unless it included
benchmarks to gauge the success or failure of the agreement.
The benchmarks would include, at a minimum, the trade agreement's
impact in four respects.
First, the number of U.S. jobs created and lost.
Second, the impact on U.S. wages.
Third, the extent to which U.S. exports gain foreign market access in
key sectors.
Fourth, the extent to which labor and environmental laws are followed
and enforced.
The U.S. Trade Representative's office could include additional
benchmarks in the implementing legislation, at their discretion.
Every 5 years, the U.S. International Trade Commission, ITC, would
assess whether the benchmarks in the implementing legislation had been
met.
If the ITC determined that any of the benchmarks were not met, there
would be an expedited process under which the House and the Senate
would consider a privileged resolution to pull the United States out of
the trade agreement.
The resolution would be considered under expedited rules. The
resolution would first be referred to the Ways and Means and Finance
committees. If those committees failed to report out the resolution
within a set period of time, either favorably or unfavorably, the
resolution would be automatically discharged to the full House and
Senate.
The resolution would not be amendable, and a floor vote in the House
and the Senate on whether to approve the resolution would be mandatory.
Let me explain why something like this is necessary.
When NAFTA was sent to Congress for a vote in 1993, its advocates
said that there would be 200,000 new jobs created annually as a result.
The proponents relied on a study by economists Gary Clyde Hufbauer
and Jeffrey Schott. Hufbauer and Schott actually predicted that NAFTA
would create 170,000 new jobs by 1995. But proponents of the deal in
the administration and the Senate rounded this number up to 200,000
jobs.
Well, we now know that NAFTA has resulted in hundreds of thousands of
job losses. About 412,000 U.S. jobs have been certified as lost to
NAFTA, under just one program at the U.S. Labor Department.
In 2003, 10 years after NAFTA had been approved, I commissioned a
study from the Congressional Research Service, which identified the top
100 companies that laid off U.S. workers as a result of NAFTA, between
1994 and 2002.
To come up with its data, CRS turned to the Department of Labor,
which has a ``Trade Adjustment Assistance'' program that gives
temporary benefits to workers laid off due to NAFTA.
This program requires companies to certify that they intended to
eliminate U.S. jobs specifically because of NAFTA. This means that we
can directly attribute these job losses to NAFTA.
These 100 companies accounted for 201,414 U.S. jobs lost specifically
due to NAFTA. In every instance, the companies doing the layoffs
certified that the jobs were being cut directly because of NAFTA.
If you look at all U.S. companies that participated in the Department
of Labor program, the total number of U.S. jobs lost due to NAFTA is
412,177--and that is just under this one program alone.
There are some very familiar products, which many people consider
all-American, now being produced in Mexico.
Levi Strauss laid off 15,676 U.S. workers due to NAFTA, and now makes
its jeans in Mexico.
In March 2003, Kraft Foods closed the Nabisco plant in Fair Lawn, NJ,
that made Fig Newtons. About 240 jobs were lost right there. Those jobs
are now in Monterrey, Mexico. Kraft Foods has cut about 955 jobs due to
NAFTA.
Fruit of the Loom laid off 5,352 U.S. workers in Texas alone, and
thousands more in Louisiana. I have often said that it is one thing to
lose your shirt, quite another to lose your shorts.
In March 2001, Mattel closed its last factory in the U.S.--a western
Kentucky plant that produced toys such as Barbie playhouses and
battery-powered pickups for nearly 30 years. The company shifted
production at the 980-employee Kentucky plant to factories in Mexico.
John Deere has laid off about 1,150 workers, who made lawn mowers and
chainsaws, and moved the jobs to Mexico.
By the way, in addition to this CRS study, a separate study by the
Economic Policy Institute found that the overall net effect of NAFTA
had been the loss of nearly 800,000 American jobs.
Today, the administration and the U.S. Trade Representative are
careful to avoid promising that new trade agreements will create more
U.S. jobs than the agreements will destroy.
But the administration has no problem figuring out how great trade
deals will be for other countries.
One month before the administration signed a trade agreement with
Korea last year, our principal negotiator in Korea, Assistant U.S.
Trade Representative Wendy Cutler, was already touting the benefits
that the agreement would offer Korea:

An FTA with the United States is predicted to produce
significant economic benefits for the Korean economy,
increasing Korea's real GDP by as much as 2%, establishing a
foundation for Korea to achieve per capita income to as high
as $30,000, boosting exports to the United States by 15%, and
creating 100,000 new jobs.

Remarkably, Ms. Cutler had no difficulty predicting a specific level
of job creation in Korea. But she made no similar projection with
respect to the United States.
Well, we need accountability in trade agreements. And the best way to
do that is with benchmarks.
This is a forward-looking strategy for a successful trade policy that
is in America's national interest.
Our bill would apply only to future trade agreements. It would not
apply retroactively to NAFTA.
I should say, however, that I think it is important that we gauge the
impact of NAFTA on U.S. jobs. And I was able to include language in the
omnibus conference report that will require the Department of Labor, by
the end of 2008, to calculate the net impact of NAFTA on U.S. jobs,
industry by industry.
In any event, we think that this piece of legislation should be
embraced by the U.S. Congress, because the American people are
beginning to demand accountability in trade.
On October 4, the Wall Street Journal provided fresh evidence that
the American people don't believe that free trade deals are creating
jobs.
The Wall Street Journal ran a story with the headline ``Republicans
Grow Skeptical on Free Trade.''

[[Page S793]]

The story described a poll, which found that by a two-to-one margin,
Republican voters believe free trade deals have been bad for the U.S.
economy.
It turns out that dissatisfaction with our current trade policy is a
bipartisan sentiment.
The poll found that 59 percent of polled Republican voters agreed
with the following statement:

Foreign trade has been bad for the U.S. economy, because
imports from abroad have reduced demand for American-made
goods, cost jobs here at home, and produced potentially
unsafe products.

Only 32 percent of polled Republican voters agreed with the following
statement:

Foreign trade has been good for the US. economy, because
demand for U.S. products abroad has resulted in economic
growth and jobs for Americans here at home and provided more
choices for consumers.

This poll suggests a dramatic change in the way Americans view free
trade agreements.
In December 1999, the Wall Street Journal did a poll that found that
only 31 percent of Republican voters thought free trade agreements had
hurt our country.
But in this month's poll, the Wall Street Journal found that the
number of Republican voters opposing free trade agreements had risen
from 31 percent to 59 percent.
Clearly, the American people have seen the results of free trade
deals, and they don't like what they see. They demand accountability.
And the Trade Agreement Benchmarks and Accountability Act would give
them precisely that.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 2611

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Trade Agreement Benchmarks
and Accountability Act''.

SEC. 2. LIMITATIONS ON BILLS IMPLEMENTING TRADE AGREEMENTS.

(a) In General.--Notwithstanding section 151 of the Trade
Act of 1974 (19 U.S.C. 2191) or any other provision of law,
any bill implementing a trade agreement between the United
States and another country shall be subject to a point of
order pursuant to subsection (c) unless the bill--
(1) is accompanied by a statement of the benchmarks
described in subsection (b)(1) and that statement is approved
as part of the implementing bill; and
(2) contains the reporting provisions described in
subsection (b)(2).
(b) Benchmarks and Reporting Provisions.--
(1) Benchmarks.--
(A) In general.--Each bill implementing a trade agreement
shall be accompanied by a statement that contains benchmarks
described in subparagraph (B) and predictions made by the
International Trade Commission, the United States Trade
Representative, and other Federal agencies, of the impact the
implementation of the agreement will have on the United
States economy.
(B) Description of benchmarks.--The benchmarks described in
this subparagraph are as follows:
(i) An estimate of the number of new jobs that will be
created, the number of existing jobs that will be lost, and
the expected net effect on job creation in the United States
as a result of the agreement. The estimate shall include the
number and type of the new jobs that will be created and
lost.
(ii) An assessment and quantitative analysis of the extent
to which the agreement will result in an improvement in wages
for workers in the United States.
(iii) An assessment and quantitative analysis of how each
country that is a party to the agreement is implementing and
enforcing the labor and environmental standards that are part
of the agreement.
(iv) A quantitative analysis of the extent to which the
agreement will result in an increase in the access by United
States businesses to the market of each country that is a
party to the agreement, particularly those sectors identified
by the United States Trade Representative as of special
importance with respect to the agreement.
(2) Reporting provisions.--The reporting provisions
described in this subsection are that each bill implementing
a trade agreement shall contain a requirement that not later
than 5 years after the date the agreement enters into force
with respect to the United States, and every 5 years
thereafter, the International Trade Commission shall submit
to Congress a report that provides an assessment and
quantitative analysis of how the trade agreement has resulted
in meeting the benchmarks described in paragraph (1).
(3) Contents and conclusions of report.--The International
Trade Commission shall determine in any report required by
this section regarding an agreement whether the benchmarks
and predictions described in paragraph (1)(B) (i) and (ii)
have been met with respect to that agreement.
(c) Point of Order in Senate.--The Senate shall cease
consideration of a bill to implement a trade agreement, if--
(1) a point of order is made by any Senator against any
bill implementing a trade agreement that is not accompanied
by statement regarding the benchmarks to be achieved by the
agreement or does not contain the reporting provisions
regarding the benchmarks described in subsection (b); and
(2) the point of order is sustained by the Presiding
Officer.
(d) Withdrawal of Approval.--
(1) In general.--The approval of Congress, provided in a
bill to implement a trade agreement, shall cease to be
effective if, and only if, a report described in subsection
(b) indicates that the benchmarks and predictions made in
connection with the agreement are not being met and a joint
resolution described in subsection (e) is enacted into law
pursuant to the provisions of subsection (e) and paragraph
(2).
(2) Procedural provisions.--
(A) In general.--The requirements of this paragraph are met
if the joint resolution is enacted under subsection (e),
and--
(i) Congress adopts and transmits the joint resolution to
the President before the end of the 1-year period (excluding
any day described in section 154(b) of the Trade Act of 1974
(19 U.S.C. 2194(b)), beginning on the date on which Congress
receives a report described in subsection (b); and
(ii) if the President vetoes the joint resolution, each
House of Congress votes to override that veto on or before
the later of the last day of the 1-year period referred to in
clause (i) or the last day of the 15-day period (excluding
any day described in section 154(b) of the Trade Act of 1974)
beginning on the date on which Congress receives the veto
message from the President.
(B) Introduction.--A joint resolution to which this section
applies may be introduced at any time on or after the date on
which the International Trade Commission transmits to
Congress a report described in subsection (b), and before the
end of the 1-year period referred to in subparagraph (A)(i).
(e) Joint Resolutions.--
(1) Joint resolutions.--For purposes of this section, the
term ``joint resolution'' means only a joint resolution of
the 2 Houses of Congress, the matter after the resolving
clause of which is as follows: ``That Congress withdraws its
approval, provided under section __ of the ___________, of
the ______ Agreement.'', with the first blank space being
filled with the section of the Act implementing and approving
the applicable agreement, the second blank space being filled
with the name of the Act implementing and approving the
agreement, and the third blank space being filled with the
title of the agreement.
(2) Procedures.--
(A) Introduction and referral.--
(i) House of representatives.--Joint Resolutions in the
House of Representatives--

(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means
and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.

(ii) Senate.--Joint Resolutions in the Senate--

(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.

(B) Consideration by committees.--
(i) House of representatives.--It is not in order for the
House of Representatives to consider any resolution that is
not reported by the Committee on Ways and Means and, in
addition, by the Committee on Rules.
(ii) Senate.--It is not in order for the Senate to consider
any resolution that is not reported by the Committee on
Finance.
(C) Application of other provisions.--The provisions of
section 152 (c), (d), and (e) of the Trade Act of 1974 (19
U.S.C. 2192 (c), (d), and (e)) (relating to discharge of
committees and floor consideration of certain resolutions in
the House and Senate) shall apply to joint resolutions under
this section to the same extent as such provisions apply to
resolutions under such section.
(3) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(B) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedures of that House) at any time, in the same manner
and to the same extent as any other rule of that House.
______

By Mr. KERRY:
S. 2612. A bill to provide economic stimulus for small business
concerns; to the Committee on Small Business and Entrepreneurship.
Mr. KERRY. Mr. President, data from the Federal Reserve Bank and the

[[Page S794]]

Small Business Administration show that the home mortgage crisis is
spreading, making it harder and more expensive for small businesses to
get loans. Specifically, according to the Federal Reserve's survey,
more than 30 percent of domestic banks indicated that they have
tightened their credit standards for commercial and industrial loans to
small businesses over the past three months. That same survey also
found that 80 percent of the domestic banks reported tighter lending
standards for commercial real estate loans--the highest percentage
recorded since the Fed began posing the question 18 years ago.
While that information is troubling, it is not a surprise. So far
this fiscal year, the number of loans made through the SBA's largest
lending program, the 7(a) loan guaranty program, dropped 14 percent
compared with the same period last year, and dollar volume fell six
percent. Lending in SBA's 504 loan program, after growing steadily over
the last few years, and being up even three months ago, has gone flat.
These figures are alarming because, historically, SBA loan activity has
increased when the conventional credit market has tightened and their
absence or smaller role in financing is a problem. Why? These two loan
programs--the 7(a) Loan Guaranty program and the 504 Loan Guaranty
program--are the largest source of long-term capital to small
businesses in this country. They play an essential role in the
continuum of financing to our small businesses.
As we talked to lenders and SBA to try and understand what was
causing this trend, we identified several changes we could make to
SBA's lending programs to try and stimulate the economy. What could we
do to get lenders to start lending again, and how could we make it more
affordable for small businesses? The bill I am introducing today--the
Small Business Lending Stimulus Act of 2008--incorporates those
findings. We made the changes temporary, targeted, and timely. We have
evidence that these changes work, because we did something similar, in
a bipartisan way, after the terrorist attacks of 9-11, and it
stimulated the economy and mitigated job loss and business closures by
pumping almost $3 billion into our local economies.
Unfortunately, there is no magic bullet to right the economy, but we
need to use every tool at our disposal to mitigate further problems for
our economy. The SBA's programs are one effective tool. I hope that my
colleagues can get behind this legislation.

____________________